Citation Nr: 21065460
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 16-33 760
DATE: October 26, 2021

REMANDED

The claim seeking to reopen the previously denied claim for service connection for a left knee disorder is remanded.

The claim seeking to reopen the previously denied claim for service connection for a right knee disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1975 to June 1975. 

The Board acknowledges that the Veteran requested a hearing before the Board in his July 2016 VA Form 9, substantive appeal.  However, via correspondence received in August 2019, the Veteran withdrew his hearing request.  

The claims seeking to reopen the previously denied claims for service connection for bilateral knee disorders are remanded.

In correspondence received in October 2019, the Veteran's attorney, by and on his behalf, indicated that a private physician, Dr. J.D., had provided a positive nexus opinion regarding the etiology of the Veteran's bilateral knee disorders and such opinion was submitted by the Veteran.  Significantly, however, the record does not reflect that such opinion was received and/or was ever associated with the Veteran's claims file.  As such, it appears that there may be relevant outstanding evidence that has not been obtained or requested.  Accordingly, remand is warranted for additional development to attempt to obtain this evidence.  See 38 C.F.R. § 3.159(c).

The matters are REMANDED for the following action:

Make reasonable efforts to obtain any outstanding and relevant records, to include a private medical opinion from Dr. J.D. regarding the Veteran's bilateral knee disorders.  If VA attempts to obtain any outstanding records which are unavailable, the Veteran and his representative should be notified in accordance with 38 C.F.R. § 3.159(e).

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Metzner, Paul

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.